Federal Register


Posted: May 21, 2019
More: energy

The Office of Natural Resources Revenue published a document in the Federal Register of May 8, 2019. This document published the major portion prices for Indian leases and the due date for industry to pay additional royalties based on the major portion prices determined by ONRR. The document contained an incorrect date.



Posted: April 30, 2019
More: eagles

We, the U.S. Fish and Wildlife Service (Service), have received a petition for rulemaking, which asks the Service to revise the existing rules pertaining to the religious use of federally protected bird feathers. The petition is being published pursuant to the terms of a settlement agreement entered into in 2016 by the United States with McAllen Grace Brethren Church and the Becket Fund for Religious Liberty. Any changes to existing rules will be subject to a public comment period, and tribal consultation consistent with Executive Order 13175 and the Department of the Interior Policy on Consultation with Indian Tribes. The Service seeks comments on the petition.


On July 26, 2018, the Service received a petition for rulemaking from Pastor Robert Soto, the lead plaintiff in McAllen Grace Brethren Church v. Jewell, No. 7:07-cv-060 (S.D. Tex. June 3, 2016) (hereinafter “McAllen”), and the Becket Fund for Religious Liberty, asking the Service to revise its existing rules pertaining to the religious use of federally protected bird feathers and parts for Native Americans. The petitioners submitted the petition pursuant to paragraph 7 of the June 10, 2016, settlement agreement between the McAllen Plaintiffs and the United States, which states:


[The Secretary of the United States Department of the Interior (“Secretary”)] agrees to consider a petition under 43 CFR 14.2 from Plaintiffs to modify existing regulations or issue new regulations concerning the possession of eagle feathers by persons who are not members of federally recognized tribes. In considering the Petition, [the Secretary] agrees to issue a notice in the Federal Register requesting public comment on the petition. [The Secretary] agrees to make a decision on the petition within two years from the date it is received.



Posted: April 30, 2019
More: alaska, nagpra

The U.S. Department of the Interior, Bureau of Land Management (BLM), Alaska State Office, with the assistance of the University of Oregon Museum of Natural and Cultural History, has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the BLM, Alaska State Office. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.


In 1934, human remains representing, at minimum, one individual were removed by an unknown person from a village site at a south spit near the entrance to Goodnews Bay, in the Bethel Census Area, AK. The human remains were transferred to the University of Oregon Museum of Natural and Cultural History by the University of Oregon Medical School's Department of Anatomy in 1953 (cat. # 11-299). An accompanying note indicated, “Found at village site, south spit, near entrance to Goodnews Bay, Alaska, 1934.” The human remains represent a single adult individual of indeterminate sex, between 30-40 years old at the time of death. No known individuals were identified. No associated funerary objects are present.


Historical documents, ethnographic sources, and oral history indicate that the Yupik Eskimo peoples have occupied the area of Goodnews Bay since pre-contact times. Based on archaeological context and skeletal evidence, the individual above was determined to be of Native American ancestry, of possible Yupik Eskimo cultural affiliation.



Posted: April 30, 2019
More: colorado, museums, nagpra

The University of Denver Museum of Anthropology has corrected an inventory of human remains and associated funerary objects, published in a Notice of Inventory Completion in the Federal Register on November 13, 2000. This notice corrects the cultural affiliation. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the University of Denver Museum of Anthropology. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.


Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the correction of an inventory of human remains and associated funerary objects under the control of the University of Denver Museum of Anthropology, Denver, CO. The human remains and associated funerary objects were removed from Pueblo Blanco, Santa Fe County, NM.


This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.


This notice corrects the cultural affiliation published in a Notice of Inventory Completion in the Federal Register (65 FR 67757-67758, November 13, 2000). This correction is being made following additional consultation that provided new evidence of cultural affiliation. Transfer of control of the items in this correction notice has not occurred.



Posted: April 30, 2019
More: museums, nagpra, washington

The Thomas Burke Memorial Washington State Museum (Burke Museum) has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Burke Museum. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.


In 1978, human remains representing, at minimum, one individual were removed by Dr. Harold G. Bergen from the Bone Weaving Needle Site in Fort Rock Valley, Lake County, OR. This site was designated 35-R by Dr. Bergen. The human remains were held by Dr. Bergen until 1989, when they were accessioned by the Burke Museum (Burke Accn. #1989-57). No known individuals were identified. No associated funerary objects are present.


The Fort Rock Valley area is within the traditional territory of the Yahuskin and Walpapi bands of the Northern Paiute (Ruby et al., 1986), who inhabited the lands around the Goose, Silver, Warner, and Harney Lakes (Swanton, 1968). These lands were ceded in 1864, per the terms of the 1864 Treaty of Klamath Lake with the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians. The Yahuskin and Walpapi bands were assigned to the Klamath Reservation, and relocated there after the treaty was ratified. Based on geographic, ethnographic and archaeological evidence, the human remains have been culturally affiliated with the Yahuskin and Walpapi bands, who are represented today by the Klamath Tribes.



Posted: April 30, 2019
More: alabama, nagpra

The University of South Alabama, Center for Archaeological Studies has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the University of South Alabama, Center for Archaeological Studies. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.


In 1949, human remains representing, at minimum, one individual was removed by Francis Walter from Site 1MB158 in Mobile County, AL. In 2004, the human remains and associated funerary objects were donated to the University of South Alabama, Center for Archaeological Studies. In January 2019, the human remains were inventoried by Bioarchaeologist Dr. Lesley Gregoricka. She determined that this individual is represented by a relatively complete skull, including the cranium, detached maxilla, mandible, and 22 in situ permanent teeth. The enamel crowns were worn, but were otherwise in a good state of preservation. Prior to Dr. Gregoricka's analysis, an unknown individual had used glue to reconstruct the fragmentary cranial vault. The maxilla and mandible had been similarly reconstructed, and are currently adhered to one another with glued bamboo skewers. Additional small fragments from the maxilla, zygomatic, and temporal bone of the skull appear to have once been reattached to the skull, but have since broken off and placed in a small, clear plastic box. All the teeth exhibit moderate to significant wear. The cranial remains are most consistent with a middle-aged adult male. Numerous Wormian bones and an Inca bone, which are found in higher frequencies among Native American populations were present along the lambdoidal suture. Also, the back of the skull (plagiocephaly) was flattened and likely reflects cradle boarding and resultant cranial vault modification (tabular). No known individuals were identified. The 58 associated funerary objects are 43 large pottery sherds and 15 small pottery sherds or sherdlets. Based on the pottery temper and design, the site dates from the Woodland to Mississippian periods, or possibly the Protohistoric period.


In July of 1982, human remains representing, at minimum, one individual were removed by archeologist Reed Stowe from Nannahubba Bluff, located on the Tombigbee River and adjacent to archeological site 1MB071 in Mobile County, AL. The human remains consist of 36 skull fragments, one pelvic (illa) fragment, and one intermediate phalange #3 or #4. No known individuals were identified. The one associated funerary object is a probable fishbone found in context with burial.


Site 1MB071 is a prehistoric/historic Native American Village on the west bank of the Tombigbee River. It is dated by the pottery types of Mulberry Creek Cord Marked (Late Woodland-Early Mississippian) and Chickachae Combed (Histoic) found at the site location.



Posted: April 29, 2019
More: consultation, michigan, nagpra

The City of Traverse City has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the City of Traverse City. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.


On an unknown date, human remains representing, at minimum, one individual were removed from an unknown location. In 1935, Traverse City Park Commissioner Con Foster sought to create a park that would include a historical museum. Foster traveled throughout the Midwest in search of Native American items to display in the museum. Over the course of 70 years the collection grew to include over 3,000 Native American items. In 2002, the collection was moved to the Grand Traverse Heritage Center. After the management contract between the City of Traverse City and the Grand Traverse Heritage Center was not renewed in 2014, the Con Foster Museum collection was placed in storage, where it remains today. No known individuals were identified. No associated funerary objects are present. According to museum records, a rifle (catalog number 1939.0001.0029b) was found with the human remains. Currently, the rifle cannot be located.


In museum records, the human remains are identified as being from the “western plains,” which can be interpreted to mean the Great Plains. The Great Plains encompasses all of North Dakota, South Dakota, Nebraska, and Kansas; eastern portions of Montana, Wyoming, Colorado, and New Mexico; western portions of Oklahoma; and northwestern portions of Texas. In addition, the focus of the Con Foster Museum collection was on Native American items. Together, this information makes it more likely than not that the human remains described in this notice are Native American. Pursuant to 43 CFR 10.16, the Secretary of the Interior may make a recommendation for a transfer of control of culturally unidentifiable human remains. In September 2017, the City of Traverse City requested that the Secretary, through the Native American Graves Protection and Repatriation Review Committee, recommend the proposed transfer of control of the culturally unidentifiable Native American human remains in this notice to the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan; Saginaw Chippewa Indian Tribe of Michigan; and Sault Ste. Marie Tribe of Chippewa Indians, Michigan. The Review Committee, acting pursuant to its responsibility under 25 U.S.C. 3006(c)(5), considered the request at its October 2018 meeting, and recommended to the Secretary that the proposed transfer of control proceed.



Posted: April 29, 2019
More: arizona, nagpra

The U.S. Department of the Interior, National Park Service, Petrified Forest National Park has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to Petrified Forest National Park. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.



Posted: April 29, 2019
More: nagpra, tennessee

The Tennessee Valley Authority (TVA) has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to TVA. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.



Posted: April 29, 2019
More: nagpra, tennessee

The Tennessee Valley Authority (TVA) has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to TVA. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.



Posted: April 29, 2019
More: illinois, museums, nagpra

he Field Museum has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Field Museum. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.



Posted: April 29, 2019
More: alabama, alaska, ccthita, museums, nagpra

The Birmingham Museum of Art, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, has determined that the cultural items listed in this notice meet the definition of objects of cultural patrimony. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to the Birmingham Museum of Art. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.


Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to the Birmingham Museum of Art at the address in this notice by May 29, 2019.


Sometime in the 20th century, two cultural items were removed from Wrangell, AK. One of the objects, a S'aaxw (hat), was acquired by Axel Rasmussen prior to his death in 1945. In 1948, it was acquired by the Portland Art Museum (PAM). In 1955-56, the PAM deaccessioned the object and sold it to the Birmingham Museum of Art (accession number 1956.48.26).


The other object, a Keet Koowaal (Killerwhale with a Hole in its Fin), was purchased by the Birmingham Museum of Art in 2000 from Axis Gallery in NY (accession number 2000.83). Axis Gallery had purchased it in May 2000 from Mac Grimmer, who had purchased it from Alan Steele in April 2000. According to Axis Gallery, this object was once in the collection of Patricia Withof, and prior to that, it was in an English private collection.


Based on consultation with the Central Council of the Tlingit & Haida Indian Tribes, the Birmingham Museum of Art can reasonably show that these objects of cultural patrimony are culturally affiliated with the Tlingit and Haida Indian Tribes.



Posted: April 29, 2019
More: alabama, alaska, ccthita, museums, nagpra

The Birmingham Museum of Art, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, has determined that the cultural item listed in this notice meets the definition of an unassociated funerary object. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to the Birmingham Museum of Art. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.


Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to the Birmingham Museum of Art at the address in this notice by May 29, 2019.


Sometime in the early 20th century, this cultural item was removed from a grave in Wrangell, AK. It was acquired by Axel Rasmussen before his death in 1945. In 1948, it was acquired by the Portland Art Museum (PAM). In 1955-56, the PAM deaccessioned the object and sold it to the Birmingham Museum of Art. The unassociated funerary object is a Woodzakaa (Cane), museum accession number 1956.48.218.


Based on consultation with the Central Council of the Tlingit & Haida Indian Tribes, the Birmingham Museum of Art can reasonably show that this unassociated funerary object is culturally affiliated with the Tlingit and Haida Indian Tribes.



Posted: April 24, 2019
More: information collection, rights of way

In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA), are proposing to renew an information collection.


Abstract: This information collection is necessary for the BIA to authorize rights-of-way to cross land held in trust or restricted status on behalf of individual Indians and Tribes, for a specific purpose, including but not limited to building and operating a line or road. The statutory authority for this program is at 25 U.S.C. 323-328. The regulations at 25 CFR 169 implement the statutory authority. The BIA uses the information it collects to determine whether or not to grant a right-of-way, the value of the right-of-way, the appropriate compensation due to landowners, the amount of administrative fees that must be levied, and the penalties, if any, that should be assessed for violations of the right-of-way provisions.`



Posted: April 24, 2019
More: arizona, borders

The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Yuma County, Arizona.


Important mission requirements of the Department of Homeland Security (“DHS”) include border security and the detection and prevention of illegal entry into the United States. Border security is critical to the nation's national security. Recognizing the critical importance of border security, Congress has mandated DHS to achieve and maintain operational control of the international land border. Secure Fence Act of 2006, Public Law 109-367, section 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Congress defined “operational control” as the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Id. Consistent with that mandate from Congress, the President's Executive Order on Border Security and Immigration Enforcement Improvements directed executive departments and agencies to deploy all lawful means to secure the southern border. Executive Order 13767, section 1. In order to achieve that end, the President directed, among other things, that I take immediate steps to prevent all unlawful entries into the United States, including the immediate construction of physical infrastructure to prevent illegal entry. Executive Order 13767, section 4(a).


Congress has provided to the Secretary of Homeland Security a number of authorities necessary to carry out DHS's border security mission. One of those authorities is found at section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (“IIRIRA”). Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C. 1103 note), as amended by the REAL ID Act of 2005, Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109-367, section 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110-161, Div. E, Title V, section 564, 121 Stat. 2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) of IIRIRA, Congress mandated the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA.


Search
Most Read
Hot Topics
Tools
Federal Agencies